The child may be made a party to the action. If the child is a minor,
the court may appoint a guardian ad litem. The child's mother or father may not represent the
child as guardian or otherwise. The court shall make the natural mother, each man presumed to
be the father under section 19-4-105, and each man alleged to be the natural father parties or, if
not subject to the jurisdiction of the court, provide notice of the action in a manner prescribed by
the court and an opportunity to be heard. If a man who is alleged to be the natural father is
deceased, the court shall make the personal representative of his estate, if one has been
appointed, a party. If a personal representative has not been appointed, the court shall make the
deceased man's spouse or an immediate blood relative a party. If a spouse or immediate blood
relative is not known or does not exist, the court shall appoint a representative for the alleged
natural father who is deceased. The court may align the parties. When the person to be served
has no residence within Colorado and his or her place of residence is not known or when he or
she cannot be found within the state after due diligence, service must be by publication pursuant
to rule 4 (g) of the Colorado rules of civil procedure; except that service must be by a single
publication and must be completed not less than five days prior to the time set for hearing on
paternity adjudication.
Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 93: Entire section
amended, p. 954, § 3, effective May 28. L. 2006: Entire section amended, p. 517, § 4, effective
August 7. L. 2016: Entire section amended, (HB 16-1165), ch. 157, p. 496, § 9, effective
January 1, 2017.
Editor's note: This section was contained in a title that was repealed and reenacted in
1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-110
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Notes of Decisions
Cited in
26
cases (
2 in the last 5 years), 1985–2025 · leading case:
People ex rel. J.G.C., 318 P.3d 576 (Colo. Ct. App. 2013).
People ex rel. J.G.C., 318 P.3d 576 (Colo. Ct. App. 2013).
· cites it 4× “Citing section 19-4-110, the division in .K., 14 10-12, held that failure to join or give notice to all presumed fathers and any alleged natural father of the child deprived the court of subject matter jurisdiction to determine paternity.”
SOV v. People in Interest of MC, 914 P.2d 355 (Colo. 1996).
· cites it 21× “1, § 19-4-110, 1987 Colo. Sess. Laws 695 , 796 (child shall be made a party to an action to determine paternity; neither child's mother nor father may represent child; and court may appoint guardian ad litem).”
S.O.V. v. People ex rel. M.C., 914 P.2d 355 (Colo. 1996).
· cites it 19× “1, § 19-4-110, 1987 Colo. Sess. Laws 695 , 796 (child shall be made a party to an action to determine paternity; neither child’s mother nor father may represent child; and court may appoint guardian ad litem).”
In Re the Marriage of Finer, 920 P.2d 325 (Colo. Ct. App. 1996).
· cites it 2× “, supra, a division of this court held that, absent special circumstances, there was no authority under the Uniform Parentage Act, see § 19-4-110, C.R.S. (1995 Cum.Supp.), to continue a GAL’s appointment beyond the entry of a final paternity decree and orders respecting custody,…”
in Interest of M.R.M, 2021 COA 22 (Colo. Ct. App. 2021).
· cites it 2× “§ 19-4-110, C.R.S. 2020; J.G.S., ¶ 12. 2.”
People in Interest of EEA v. JM, 854 P.2d 1346 (Colo. Ct. App. 1993).
· cites it 3× “Under the Uniform Parentage Act, as in effect during the paternity proceedings, *1348 § 19-6-101, et seq., C.R.S. (1986 Repl.”
In the Interest of A.R.W., 903 P.2d 10 (Colo. Ct. App. 1995).
· cites it 3× “See § 19-4-110, C.R.S. (1994 Cum.Supp.) (“The child may be made a party to the action.”
People in Interest of RTL, 780 P.2d 508 (Colo. 1989).
· cites it 2× “[9] The Department brought this action on behalf of the child, R.T.L. None of the parties questions the sufficiency of this procedure to make the child "a party to the action" in order to enable the court to make a determination of nonpaternity for the purpose of this support…”
In re the Parental Responsibilities of A.D., 240 P.3d 488 (Colo. Ct. App. 2010).
· cites it 4× “Further, section 19-4-110, C.R.9$.2009, provides that "each man alleged to be the natural father shall be made [a] partly] or, if not subject to the jurisdiction of the court, shall be given notice of the action.”
In the Interest of D.R.Y., 885 P.2d 351 (Colo. Ct. App. 1994).
· cites it 2× “See § 19-4-110, C.R.S. (1994 Cum. Supp.) (parent cannot assert rights of child; only guardian ad litem may do so).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.